Terms of Service

Last updated: 10/15/2025

1. Acceptance of Terms

By accessing and using Astropulse's services, you agree to be bound by these Terms of Service and all applicable laws and regulations.

2. Description of Service

Astropulse provides a comprehensive platform for application observability, monitoring, and management solutions. We reserve the right to modify, suspend, or discontinue any part of the service at any time with reasonable notice to users.

3. User Accounts

You are responsible for:

• Maintaining the confidentiality of your account
• All activities that occur under your account
• Notifying us of any unauthorized use

4. User Conduct

You agree not to:

• Violate any laws or regulations
• Infringe on intellectual property rights
• Transmit harmful code or content
• Interfere with the service's operation

5. Payment Terms

Users agree to pay all fees and charges associated with their account on time and maintain valid payment information.

6. Intellectual Property

All content, features, and functionality are owned by Astropulse and are protected by international copyright, trademark, and other intellectual property laws.

7. Limitation of Liability

8. Data Ownership and Processing

8.1 Your Data

You retain all ownership rights to any data, content, or information you submit to the service ("Customer Data"). You grant Astropulse a limited license to use, store, and process Customer Data solely to provide the service to you.

8.2 Data Processing

Astropulse will process Customer Data in accordance with our Privacy Policy and applicable data protection laws. We implement appropriate technical and organizational measures to protect your data.

8.3 Data Portability

You may export your Customer Data at any time through the service's export features. Upon termination, you have 30 days to export your data before it is permanently deleted.

8.4 Backup and Recovery

While we maintain regular backups, you are responsible for maintaining your own backup copies of Customer Data. Astropulse is not liable for any loss or corruption of Customer Data.

9. Indemnification

You agree to indemnify, defend, and hold harmless Astropulse, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of the service
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Your Customer Data or any content you submit
• Your violation of any applicable laws or regulations

10. Force Majeure

Astropulse shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, network infrastructure failures, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

11. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of any material changes via email or through a prominent notice on the service at least 30 days before the changes take effect.

Your continued use of the service after the effective date of changes constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the service and may cancel your subscription.

12. Contact Information

13. Dispute Resolution and Arbitration

Please read this section carefully. It affects your legal rights.

13.1 Informal Resolution

Before filing a claim, you agree to contact us at legal@astropulse.io to attempt to resolve the dispute informally. We will attempt to resolve the dispute within 60 days.

13.2 Binding Arbitration

If we cannot resolve the dispute informally, any dispute arising from these Terms shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted in California (for your convenience) or Delaware, or another mutually agreed location.

13.3 Class Action Waiver

You agree to bring claims against Astropulse only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Unless both you and Astropulse agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of representative or class proceeding.

13.4 California Residents

California residents may opt out of this arbitration agreement within 30 days of first accepting these Terms by sending written notice to legal@astropulse.io.

13.5 Small Claims Court

Notwithstanding the above, you may bring an individual action in small claims court in your county of residence or in California.

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.

For any disputes not subject to arbitration, the exclusive venue shall be the state or federal courts located in Delaware, and you consent to the personal jurisdiction of such courts.

Note for California Residents: Notwithstanding the above, California consumer protection laws, including the California Consumer Privacy Act (CCPA/CPRA) and California's Automatic Renewal Law, apply to California residents regardless of the governing law provision.

15. Subscription and Cancellation

15.1 Subscription Terms

• Subscriptions are billed monthly or annually based on your selected plan
• Subscriptions automatically renew unless cancelled before the renewal date
• You will receive notice of any price changes at least 30 days in advance

15.2 Cancellation

• You may cancel your subscription at any time from your account settings
• Cancellations take effect at the end of the current billing period
• You will retain access to paid features until the end of your billing period

15.3 Refund Policy

• We offer a 30-day money-back guarantee for new subscriptions
• Refunds are processed within 10 business days
• No refunds for partial billing periods after the first 30 days

15.4 Account Termination

We may suspend or terminate your account if you:

• Violate these Terms of Service
• Fail to pay fees when due
• Engage in fraudulent or illegal activities
• Use the service in a manner that harms Astropulse or other users

We will provide notice before termination unless immediate action is required for legal or security reasons.

16. California-Specific Provisions

16.1 California Civil Code Section 1789.3

California residents are entitled to the following consumer rights notice:

16.2 Automatic Renewal Law (California)

In accordance with California's Automatic Renewal Law (Business and Professions Code sections 17600-17606):

• We clearly disclose automatic renewal terms before subscription
• You provide affirmative consent to the subscription terms
• We provide an acknowledgment including renewal terms and cancellation policy
• You may cancel at any time through an online mechanism or by contacting support
• We will notify you of any material changes to the automatic renewal terms

17. Warranties and Disclaimers

18. Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. Astropulse may assign these Terms without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

19. Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Astropulse's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

20. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

21. Survival

The following sections shall survive any termination of these Terms: Data Ownership and Processing, Limitation of Liability, Indemnification, Dispute Resolution and Arbitration, Governing Law, and any other provisions which by their nature should survive.

22. Entire Agreement

These Terms, together with our Privacy Policy and any other written agreements between you and Astropulse, constitute the entire agreement between you and Astropulse regarding the use of our services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the subject matter hereof.

23. Acknowledgment

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTOOD THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICE.